(HC) Battle v. David Holbrook ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ARTHUR J.M. BATTLE, Case No. 2:20-cv-01851-JDP (HC) 12 Petitioner, ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR 13 v. FAILURE TO PROSECUTE AND FAILURE TO COMPLY WITH COURT ORDERS 14 THE PEOPLE OF THE STATE OF CALIFORNIA, ECF No. 5 15 Respondent. RESPONSE DUE WITHIN TWENTY-ONE 16 DAYS 17 18 On September 21, 2020, petitioner was ordered to file, within thirty days, a signed petition 19 for writ of habeas corpus and either pay the $5 filing fee or submit an application for leave to 20 proceed in forma pauperis. ECF No. 4. Petitioner timely filed a petition for writ of habeas 21 corpus. However, he neither payed the required filing fee nor submitted an application to proceed 22 in forma pauperis. 23 To manage its docket effectively, the court imposes deadlines on litigants and requires 24 litigants to meet those deadlines. The court may dismiss a case for petitioner’s failure to 25 prosecute or failure to comply with its orders or local rules. See Fed. R. Civ. P. 41(b); Hells 26 Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. King, 856 27 F.2d 1439, 1440-41 (9th Cir. 1988). Involuntary dismissal is a harsh penalty, but a district court 28 1 | has a duty to administer justice expeditiously and avoid needless burden for the parties. See 2 | Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 3 Petitioner will be given a chance to explain why the court should not dismiss the case for 4 | his failure to either pay the filing fee or submit an application for leave to proceed in forma 5 || pauperis. Accordingly, petitioner is ordered to show cause within twenty-one days why this case 6 | should not be dismissed for failure to prosecute and failure to comply with court orders. Should 7 | petitioner wish to continue with this action, he shall, within twenty-one days, either pay the $5 8 | filing fee or submit a complete application for leave to proceed in forma pauperis. The Clerk of 9 | Court is directed to send to petitioner the court’s form application for leave to proceed in forma 10 | pauperis. 11 IT IS SO ORDERED. 13 ( 1 Ow — Dated: _ January 19, 2021 Q_—— 14 JEREMY D. PETERSON 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28